Microsoft Outlook

From: (b)(6), (b)(7)(C)

Sent: Tuesday, August 03, 2010 5:58 PM

To: Greenberg, Randi L

Cc: (b)(6), (b)(7)(C)

Subject: RE: SC assistance needed

Dear Randi,

(b)(5) AC, DP

12/31/2010

ICE FOIA 10-2674.0011149

Please let me know if you have any questions. Thank you.

(b)(6), (b)(7)(C)

Associate Legal Advisor

Enforcement Law Division

Office of the Principal Legal Advisor

U.S. Immigration & Customs Enforcement

U.S. Department of Homeland Security

(b)(6), (b)(7)(C)

(Email)

(Office)

(Blackberry)

Notice: Attorney Work Product/Privileged Communication

*** Warning *** Attorney/Client Privilege *** Attorney Work Product ***

This document contains confidential and/or sensitive attorney/client privileged information or attorney work product and is

not for release, review, retransmission, dissemination or use by anyone other than the intended recipient. Please notify the

sender if this email has been misdirected and immediately destroy all originals and copies. Any disclosure of this document

must be approved by the Office of the Principal Legal Advisor, U.S. Immigration & Customs Enforcement. This document

is for INTERNAL GOVERNMENT USE ONLY. FOIA exempt under 5 U.S.C. § 552(b)(5).

From: Greenberg, Randi L

Sent: Monday, August 02, 2010 2:41 PM

To: (b)(6), (b)(7)(C)

Subject: SC assistance needed

Importance: High

(b)(6), (b)(7)(C)

Secure Communities has a meeting on Wednesday (8/4/10) with some Representatives from California

on the ability to “opt out” of SC participation. As we continue to do refine our implementation strategy,

Mr. Venturella has asked us to look into a legal mandate, provision, law, etc. that would allow ICE/DHS

to request fingerprint information from the FBI for law enforcement and/or criminal justice purposes,

regardless of whether states and locals can opt in or out. SC did some research on this topic months ago,

though we never went anywhere with it. We’re hoping that OPLA might now be able to weigh in and

provide legal references and/or a legal interpretation of the references listed below. My guess is there is

additional legislation out there that we don’t know about but are hoping that you do!

References:

 8 U.S.C. § 1373:

(a) In general

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local

government entity or official may not prohibit, or in any way restrict, any government entity or

official from sending to, or receiving from, the Immigration and Naturalization Service

information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

(b) Additional authority of government entities

12/31/2010

ICE FOIA 10-2674.0011150

 Notwithstanding any other provision of Federal, State, or local law, no person or agency may

prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the

following with respect to information regarding the immigration status, lawful or unlawful, of any

individual:

(1) Sending such information to, or requesting or receiving such information from, the

Immigration and Naturalization Service.

(2) Maintaining such information.

(3) Exchanging such information with any other Federal, State, or local government

entity.

(c) Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or

local government agency, seeking to verify or ascertain the citizenship or immigration status of

any individual within the jurisdiction of the agency for any purpose authorized by law, by

providing the requested verification or status information.

 28 U.S.C. § 534. Acquisition, preservation, and exchange of identification records and

information; appointment of officials

 U.S. Attorney General is authorized to collect criminal identification information, including

fingerprints

 Federal government has information sharing agreements with states and locals through a

series of compacts

 42 U.S.C. § 14615. Enforcement and implementation

 The federal government can enforce compact agreements

 42 U.S.C. § 14616. National Crime Prevention and Privacy Compact and 42 U.S.C. § 14611.

Findings

 There are reasons above and beyond “traditional” criminal justice information sharing

needs, such as need to know immigrations status, that may necessitate information sharing

between federal, state, and local entities

Any help is appreciated, feel free to call me if you need some additional background.

Thanks!

Randi Greenberg

B ra n ch C h ie f, C o m m un ic atio n s & O u trea c h

S e cu re C o m m u nities

(D e s k)

(B B )

12/31/2010

ICE FOIA 10-2674.0011151